Model Answer
0 min readIntroduction
Criminology, the scientific study of crime and criminal behaviour, seeks to understand the causes of crime and devise effective strategies for its prevention and control. The administration of criminal justice, globally and in India, fundamentally revolves around punishing the wrongdoer. However, the *object* of this punishment isn’t monolithic. Different schools of thought within criminology propose varying objectives – from retribution and deterrence to rehabilitation and societal protection. The Indian criminal justice system, influenced by colonial legacies and evolving socio-legal thought, reflects this diversity in its approach to punishment, often blending multiple perspectives.
Criminological Perspectives and the Object of Punishment
Different criminological schools of thought offer distinct perspectives on why we punish:
1. Classical School
- Proponents: Cesare Beccaria, Jeremy Bentham
- Core Belief: Individuals are rational actors who weigh costs and benefits. Crime is a result of free will.
- Object of Punishment: Deterrence – both specific (discouraging the offender from repeating the crime) and general (discouraging others). Punishment should be proportionate to the crime, certain, and swift.
2. Neo-Classical School
- Proponents: Emerged as a modification of the Classical School
- Core Belief: While acknowledging free will, it recognizes mitigating circumstances like mental illness, age, and social conditions.
- Object of Punishment: Deterrence remains central, but with a degree of individualization of punishment based on the offender’s circumstances.
3. Positivist School
- Proponents: Cesare Lombroso, Enrico Ferri, Raffaele Garofalo
- Core Belief: Crime is determined by factors beyond an individual’s control – biological, psychological, or social. Focus shifts from the act to the actor.
- Object of Punishment: Rehabilitation and treatment of the offender. Punishment should aim to correct the underlying causes of criminal behaviour. Emphasis on indeterminate sentencing.
4. Sociological School
- Proponents: Émile Durkheim, Edwin Sutherland
- Core Belief: Crime is a product of social forces – poverty, inequality, lack of opportunity, social disorganization.
- Object of Punishment: Social protection and addressing the root causes of crime. Punishment should be combined with social reforms to create a more just and equitable society.
The Indian Context
The Indian criminal justice system demonstrates a blend of these perspectives:
- Indian Penal Code (IPC), 1860: Reflects the Classical and Neo-Classical schools, emphasizing retribution and deterrence through fixed punishments for specific offences.
- Code of Criminal Procedure (CrPC), 1973: Incorporates elements of individualization through provisions for probation, parole, and sentencing guidelines.
- Juvenile Justice (Care and Protection of Children) Act, 2015: Emphasizes rehabilitation and reintegration of juvenile offenders, aligning with the Positivist school.
- National Crime Records Bureau (NCRB) data (2022): Shows a high rate of conviction in certain crimes, indicating a focus on deterrence, while increasing investment in correctional facilities suggests a growing emphasis on rehabilitation. (Source: NCRB website, as of knowledge cutoff)
- Recent Amendments: Amendments to laws relating to sexual offences (Criminal Law (Amendment) Act, 2013) demonstrate a focus on stricter punishment and deterrence.
However, the Indian system often struggles with practical implementation. Overcrowded prisons, lengthy trial periods, and limited access to rehabilitation programs hinder the effective realization of rehabilitative goals. The focus often remains disproportionately on punitive measures.
| Criminological School | Object of Punishment | Indian System Reflection |
|---|---|---|
| Classical | Deterrence | IPC provisions, fixed sentencing |
| Positivist | Rehabilitation | Juvenile Justice Act, Probation of Offenders Act |
| Sociological | Social Protection | Social welfare schemes, poverty alleviation programs (indirectly) |
Conclusion
The administration of criminal justice in India is a complex interplay of diverse criminological philosophies. While the system historically leaned towards retribution and deterrence, there’s a growing recognition of the importance of rehabilitation and addressing the socio-economic roots of crime. A truly effective criminal justice system requires a balanced approach, integrating elements from all schools of thought and prioritizing both punishment and reform. Continued investment in correctional infrastructure, legal aid, and social welfare programs is crucial for achieving a more just and equitable outcome.
Answer Length
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